Defense asks for dismissal of Shaw trial; request denied

Objections flew back and forth between the defense and prosecution when Defense Attorney Thomas Ryan began his direct examinations in the Brian T. Shaw trial Friday. Ryan brought three witnesses to the stand before calling Shaw himself to testify.

Before Ryan’s direct examinations even began, he called for a dismissal of the trial due to insufficient evidence presented by the prosecution.

‘The evidence is insufficient to prove guilt beyond a reasonable doubt,’ Ryan said. ‘Much of the testimony of the officers appears to be piecemeal and hearsay.’

Prosecuting Attorney Michael Spano argued he had in fact presented significant evidence, citing in particular the testimony of Dr. Robert Stoppacher, the deputy chief medical examiner with the Onondaga County Medical Examiner’s Office. Judge Joseph E. Fahey agreed, and denied Ryan’s motion to dismiss the case.

A somewhat shocking rhetorical question was asked to Denise Trienfarrow, assistant director of higher education opportunities at Syracuse University, who was called to the stand.



Trienfarrow testified that among his many activities, Shaw participated in the Gear-Up mentoring program, which brought college students together with high schoolers to help prepare them for higher education.

During his cross-examination, Spano asked Trienfarrow whether it was commonplace knowledge that college students were not supposed to have sexual intercourse with the children they mentored – then asked if Trienfarrow knew Shaw had been doing so.

Ryan objected at this point, and both attorneys approached the bench, but the comment was not stricken from the record.

Trienfarrow also spoke about her interactions with Shaw, who she knew was under financial duress. When asked by Spano, she said she was not aware that Seals was on public assistance while Shaw was also paying child support, and that all the money Shaw paid toward child support went directly to the government.

Vernon Wilson, a friend of Shaw’s, said he and Shaw became ‘almost like father and son’ when Shaw lived with Wilson during his transition between high school and college. Wilson and Shaw kept close, even when Wilson moved from Syracuse.

Wilson said he last saw Shaw in the second weekend of March 2005, when the SU basketball team was in New York City for the Big East Tournament. The two spent the entire Friday together, and Wilson said throughout the whole day, Shaw was melancholy, to say the very least.

‘He was in a black hole, he couldn’t see a light, he couldn’t see any way out,’ Wilson said.

Ryan’s first witness, Judy Hamilton, spoke of her time as Shaw’s mentor at Syracuse University. Hamilton, who has been at SU in the sociology department for 20 years, met Shaw in the fall of 2001, when he came to her office looking to get into the honors program. She said she was very impressed by his financial independence at that point, but things did not become any easier for Shaw as time went on.

‘It went from really bad to much, much worse,’ Hamilton said.

When Shaw told Hamilton about his child with Chiarra Seals, Hamilton said she advised him to seek DNA testing, but he had already accidentally signed a waiver. He later underwent testing confirming that Essence, Seals’ daughter, was his.

‘It was a lot of psychological pressure,’ Hamilton said, ‘and when the DNA testing came back, it was clear it was going to be a lot of financial pressure as well.’

Hamilton said she advises students not to work more than 10 hours per week, a number Shaw was far exceeding. He also continued his involvement with the cheerleading squad.

‘Syracuse University has given me a lot; this is one of the ways I can pay it back,’ Hamilton said Shaw told her.

Spano will finish his cross-examination of Shaw starting Tuesday at 9 a.m.

Managing editor Heather Collura and news editor Laura Van Wert contributed to this report.





Top Stories